5 Ways Truck Accidents Are Different From Car Accidents

Aside from the differences in vehicle size, truck accident claims and car accident claims are also different when it comes to the legal process. Typically, truck accident cases tend to be much more complicated and require advanced legal strategies due to the powerful trucking companies, large insurance companies, serious damages, and multiple at-fault parties that tend to be involved in these cases. In this article, our South Carolina truck accident lawyers will discuss some of the key differences between truck and typical car accident cases.

If you or a loved one has been hit by a truck, we are here to fight to get you the best outcome possible for your case and future. Cavanaugh & Thickens, LLC is proud to have multiple truck accident attorneys rated Top 10 Trucking Trial Lawyers in South Carolina by the National Trial Lawyers. If you have any questions or would just like to discuss your potential case with a lawyer, give us a call today at (803) 888-2200.

5 Main Ways Truck Accident Cases Differ From Car Accident Cases

If you’ve been hurt in an accident involving a tractor-trailer or other truck, you may be wondering if you can handle the legal process on your own. Researching how trucking cases differ from car accident cases is a great start to getting the results and justice you deserve.

With decades of experience handling these claims and millions recovered in compensation for clients throughout the state, here are some of the main ways truck accident cases differ from car accident cases.

1. The Law is More Complicated

There are different state and federal laws regulating the trucking industry. Many truck accidents are a result of a failure to adhere to one or more mandatory regulations, such as:

Hours of Service Regulations
Speed Limit Restrictions
Maximum Weight and Size Restrictions
Pre and Post-Trip Inspections
Commercial Driver’s License (CDL) Requirements
Vehicle Maintenance Requirements
Cargo Securement Requirements
Employer Responsibilities
Drug and Alcohol Testing
Hazmat Regulations

These are just a few examples of the different state and federal rules for truck drivers and companies. It’s critical that your attorney understands these state and federal regulations.

2. The Other Side Has a Team of Lawyers and Extensive Resources

After a truck accident, the other side will immediately begin building their case. Trucking companies have a process in place outlining exactly what they need to do from the moment they cause an accident. They’ll hire a team of lawyers, and they’ll do everything they can to protect themselves. Sadly, their priority will not be you and giving you the justice you deserve.

It’s critical you have someone on your side fighting for you and your goals for the case. At the end of the day, you are going up against large, powerful corporations and legal teams. This is one of the many reasons why you should at least consider speaking with a local, reputable trucking attorney.

3. Evidence Disappears Quickly

Trucking companies are only required to hold on to important documents that can be critical to your case for up to 6 months. This includes:

Driver Logs
ELD Data
HOS Records
And other supporting documents for accident reports.

An experienced truck accident attorney will work to immediately collect and preserve this data and other data such as black box data, inspection reports, and more. Don’t miss the deadline for preserving evidence – reach out to an experienced lawyer for more information.

4. Injuries and Damages Tend to be More Severe

While every case is unique, the large size and weight of trucks tend to result in severe physical, financial, and emotional damages for those involved. These accidents commonly result in:

Painful Injuries
Expensive Medical Bills
Lost Wages
Reduced Earning Capacity
Property Damage
Emotional Trauma, and more.

In addition, some truck accidents can result in severe damages like:

If you or a loved one has faced any of the above damages as a result of an unexpected truck accident, we are so sorry. Our team has the resources and experience needed to fight to get you the best outcome possible for your case and future. We put you and your goals for the case first. Reach out if there’s anything we can help you with.

5. Multiple Parties May Share Liability

With decades of experience handling truck accident cases in SC, our investigations commonly find that multiple parties share fault for a single collision, such as:

Truck Drivers
Trucking Companies
Trailer Owners
Vehicle Manufacturers
The Company Who Loaded the Truck
Maintenance Companies, and more.

In order to prove liability in South Carolina, you must prove negligence pursuant to state law. This is done by establishing that the at-fault party owed you a duty of care, breached that duty of care, and that the breach directly caused the accident and resulting damages.

It’s important to keep in mind that South Carolina is a modified comparative negligence state, meaning that every driver involved in an accident is given a certain percentage that they are found to have been at-fault for the collision. In order to qualify to recover compensation for your damages in South Carolina, you must be found less than 50% at-fault. Notably, the percentage you are found to be at-fault directly impacts the amount of compensation you can receive.

Your legal team will conduct a thorough investigation into your accident to uncover and prove who was truly at fault. They will use an array of evidence, witness testimony, expert testimony, and more to prove fault and negligence.

Speak with a Truck Accident Attorney Today

After a truck accident, who you hire and the steps you take after the accident really matters. Protect your rights. Reach out to our experienced South Carolina personal injury attorneys today for a free case evaluation with a reputable trucking attorney. Our firm is available for you via phone 24/7 at (803) 888-2200. We look forward to speaking with you.

Disclaimer: This article is presented for informational purposes only and is not legal advice.

Author: Joseph O. Thickens

I’m Joe Thickens, and I’m a founder and personal injury attorney at Cavanaugh & Thickens, LLC. I primarily represent people who have been injured in car and truck accidents in Columbia and throughout the state of South Carolina. Our entire team is dedicated to getting accident victims the justice they deserve, including making sure they get compensated for all of the physical, financial, and emotional pain they’ve had to face as a result of an unexpected accident.

If you or a loved one has any questions following an accident, we’d be glad to help you understand your options under state law. We take great pride in our work and prioritize a great client experience. If you’d like more information, simply call our team at (803) 888-2200. We are available for you via phone 24/7.

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